TERMS & CONDITIONS:
The following constitute the terms and conditions pursuant to which DUNLAP INDUSTRIAL HARDWARE, INC., referred to as Seller, has agreed to sell goods to Purchaser including the goods identified on the Invoice to Purchaser.
Minimum Orders: Seller has NO Minimum Orders, other than standard packaging on any product that we stock.
Price and Quotations: The price shall be as quoted to Purchaser or as identified on the Invoice if changes have been made subsequent to the quotation. All price quotations are intended for acceptance within 5 working days unless otherwise stated. If no price was quoted upon order or the price quotation was not accepted within the time limit, the price shall be then standard price for the goods. Current prices may be obtained by contacting Seller by phone, FAX email or web site Quote Request.
Payment: Payment terms are stated on our Invoice and apply unless prior arrangements have been made. We accept cash, approved checks, and all most major credit cards. Unless otherwise agreed by Seller, the total contract purchase price is due and payable upon Purchaser’s acceptance as defined herein. The total contract purchase price and any other amount due hereunder shall bear interest at the rate of 1-1/2% per month from the date due until paid in full. The total contract purchase price and any other amount due to Seller shall be paid in U.S. currency without deduction or offset.
Taxes: We will apply state and local sales taxes to all invoices unless a signed, current exemption certificate is in our file. Sales tax exemption cards must be re-filed every 4 years to be current.
Acceptance: Purchaser must inspect the goods immediately at delivery ( as defined herein ) and must at that time note any damage, discrepancy or nonconformity. Purchaser shall be deemed to have accepted the goods following inspection including the opportunity to inspect upon delivery unless the goods are refused or rejected at such time. Purchaser’s acceptance shall be final. Purchaser’s failure to inspect shall be deemed a waiver of it’s right to inspect and shall be construed as Purchaser’s intent to accept the delivered goods without inspection. Any failure to inspect shall also be deemed a waiver of any right to revoke acceptance at some future date with respect to any defect that an inspection might have revealed.
Delivery: Delivery is accomplished, and Seller’s performance is complete, when Purchaser, either utilizing its own personnel and vehicles or utilizing vehicles which it hires (including vehicles hired by Seller as agent for Purchaser), picks up the goods at Seller’s facility, or, if Seller and Purchaser have so agreed, Seller delivers the goods to Purchaser to the location designated by Purchaser (free prompt delivery to customers with accounts in good standing within our Greater Puget Sound service area). If Seller engages third party carriers to deliver the goods, it does so as Purchaser’s agent, with all transportation charges to be for Purchaser’s account and with delivery deemed to occur when the goods are picked up at Seller’s facility. Risk of loss and duty to insure the goods shall pass from Seller to Purchaser upon delivery as defined in this section. Seller may accomplish partial deliveries of the goods covered under this contract. In any case of partial delivery the Purchaser agrees to pay for those items delivered no later than the time delivered items are accepted.
Shipping Claims: If goods are delivered on our truck we will make good on any damage or shortage that is our fault. If the order is shipped via third party carrier, we will help substantiate your claim, but it is your responsibility to file a claim with that carrier for any shortages or damaged goods.
Returned Goods: Goods may not be returned without our prior approval. Returned goods must be accompanied by a copy of our Invoice. The returned goods must be in original unused saleable condition. If merchandise is returned because of our error, we will promptly correct the error at no expense to the Purchaser. If the return is not because of our or our supplier’s error, we reserve the right to charge a nominal handling and restocking fee. Returns must be made within 10 days of the invoice date. There are no returns on special orders, custom manufactured, or cut items unless the item is defective and the error is ours.
Impracticability or Impossibility: Seller shall not be liable for any delay or failure to deliver the goods under this contract which is caused by events beyond the reasonable control of Seller. The existence of such caused of delay or failure shall justify the suspension of delivery, and shall extend the time of performance on the part of the Seller to the extent necessary to enable it to make delivery in the exercise of reasonable diligence after the causes of delay have been removed. If such causes of delay cannot be removed, Seller’s obligation to deliver is excused. In the event of the existence of any such causes of delay, Purchaser may cancel the purchase of such portion of the goods as may have been subjected to such delay, provided cancellation is received by Seller before delivery is accomplished as set forth in section “Delivery” above.
Warranties: Seller warrants that it is the lawful owner of the goods, that it has the right to sell the same, and that the goods are free of any claim of lien or other encumbrance. The goods being sold may be new or used and are being sold on an “AS IS” basis, with Purchaser having full opportunity to inspect the goods, or having the goods inspected for it by technicians of its choice, before the goods are delivered. Any recommendations and/or advice from Seller is agreed to be informal and shall not create any warranty from Seller; it shall remain Purchaser’s sole responsibility to determine the suitability of the goods for the application intended by Purchaser. It is agreed that Seller shall be held to no other warranty or representation whatsoever, and shall specifically be exculpated from any warranty of merchantability or fitness for particular purpose or any other warranty, express or implied, including any warranty that the goods are free from latent defects.
Load Limits and Breaking Strengths: Are advisory in nature and without warranty. We will be happy to provide manufacturer’s product information and/or certification, where available, on request for products that we sell.
Weights & Dimensions: Are approximate and are intended for shipping estimates only.
Responsibility and Liability: The limit of our liability is the value of defective merchandise only. All information in this website is based on manufacturer’s literature. While we have made every attempt to insure accuracy, Seller assumes no responsibility for accuracy. All products are sold with the understanding that the Purchaser and/or end user is thoroughly familiar with specifications, characteristics, correct applications and proper use of all products being purchased. The Purchaser should consult current industry, O.S.H.A. and State Industrial Safety regulations before using any product that we sell.
Consequential Damages: Neither party shall be responsible to the other for consequential or special damages of any type, regardless of forseeability and/or the cause thereof and whether resulting from delay, neglect or otherwise.
Construction; Conflicting Documents: These terms and conditions contain the entire understanding of the parties and are intended to be final expression of their agreement. They shall not be modified except in a writing signed by all parties. Headings are for convenience of reference only and may not be used to construe this document. No trade usage shall be relevant to explain, interpret, or qualify any of the terms of this contract. These terms and conditions supersede and displace any purchase order, contract or other terms and conditions including such as may have been presented or proposed by Purchaser either before or after issuance of this Invoice by Seller.
Law/Jurisdiction: This contract and performance hereunder shall be governed and interpreted as follows: Washington law shall apply and the parties agree that with respect to any litigation arising out of this agreement, performance under it and/or the goods which have been sold, the Snohomish County Superior Court for the State of Washington shall have exclusive jurisdiction. The prevailing party in any suit or proceeding shall be entitled to recover reasonable legal fees and costs. In addition, the parties agree that Purchaser will reimburse Seller for any costs or expenses incurred by Seller in collecting the total contract purchase price, or any part thereof, including but not limited to, reasonable legal fees of a collection or investigating agent, and any litigation expenses. Without prejudice to any other rights that Seller may have against Purchaser, if the goods are supplied or furnished to a vessel, Seller shall have the right to enforce a maritime lien against the vessel and its appurtenances in any forum in which the vessel may be found.